Can a father evict his girlfriend and children? 1 Answers as of August 03, 2011

My kids dad and I split up last year, we weren't married were together 7 years and had two kids. I moved out and he was court ordered to pay child support. We stayed apart 9 months then attempted to reconcile I became pregnant we moved back in. He continued to give me child support but I buy groceries, everything for the house and everything for the kids. We started having problems he said he was getting an eviction notice, and also had not paid electric bill. It is due to be disconnected tomorrow, I am not working and me and kids have no place to go. He refuses to give me child support until the 5th. I would pay the bill but the support payment is not due until after the scheduled disconnect. Can he do that? Could I lose my kids because of this?

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Your rights to live in the home are circumscribed by the fact that you are not married. Because you have children, however, he does have an obligation to see that the children are supported; you may have to revisit the child support issue with the court. In addition, if the children are in danger of being homeless because of his actions he may be exposed to criminal action in the manner of criminal non-support or child endangerment. You may wish to speak to your local district attorney's office regarding making sure he is responsible to keep the children housed and fed, at least until you can get reemployed and on your feet. To the extent that you cannot provide housing for the children you may be sacrificing your ability to have physical custody to him until you get on your feet.

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